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(A) It shall be the responsibility of the owner of a nonconforming lot, use or structure to prove to the Zoning Administrator that the lot, use or structure was lawfully established, existed on the effective date of adoption or amendment of this chapter and has existed continuously.
(B) Nonconforming uses and structures are hereby declared to be incompatible with the uses and structures permitted within the various zoning districts. Nonconforming uses and structures shall not be enlarged, expanded, extended or increased, except as provided for herein and shall not be used as grounds for adding other uses and/or structures that are prohibited.
(C) Nonconforming uses shall comply with current Zoning Ordinance requirements (such as landscaping, screening, parking, environmental performance and general standards) to the maximum extent possible.
(Ord. 37, passed 8-28-2005)
A legal nonconforming lot, as defined herein, which does not meet the minimum standards of the zoning district in which it is located for lot area or lot width may be developed, provided that the use, access, height, yard, setback, landscaped buffer, off-street parking and other requirements of the district are met and, provided further, that the lot meets all of the current requirements of the Livingston County Health Department.
(Ord. 37, passed 8-28-2005)
Any lawful nonconforming use may be continued, subject to the following provisions:
(A) Expansion. A nonconforming use shall not be expanded, enlarged, extended or increased, so as to occupy a greater area of land or more floor area within a structure than was occupied by the use on the effective date of this chapter or its amendment.
(B) Relocation. A nonconforming use shall not be moved, in whole or in part, to any other structure, or to any other portion of the lot or site upon which it was located on the effective date of this chapter or its amendment.
(C) Discontinuance. If a nonconforming use is discontinued, it shall not thereafter be reestablished, and any subsequent use of the land shall comply with the allowable uses in the district in which it is located. A nonconforming use shall be considered discontinued if the customary use ceases for any reason for a period of 12 months or more.
(D) Change of use. A nonconforming use shall not be changed to any other use except to a use permitted in the district in which the subject property is located.
(E) Accessory structures. New accessory structures associated with a nonconforming use shall be reviewed and approved by the Planning Commission at a regular public meeting.
(Ord. 37, passed 8-28-2005) Penalty, see § 152.999
Any lawful nonconforming structure may be continued subject to the following provisions:
(A) Alteration. A nonconforming structure may not be enlarged or altered in any way that increases its nonconformity, except porches, decks, patios, fire escapes and similar minor appurtenances may be attached to existing structures.
(B) Relocation. If a nonconforming structure is moved, in whole or in part, any distance for any reason it shall thereafter conform to the regulations of the district in which it is located after it is moved.
(C) Maintenance. Nothing in this chapter shall prohibit the repair or routine maintenance of a lawful nonconforming structure to correct deterioration, obsolescence, depreciation and/or wear.
(D) Replacement. A nonconforming structure that has been partially destroyed may be rebuilt provided:
(1) The building footprint and height of the replacement structure do not increase the level of nonconformity;
(2) The cost of restoration does not exceed the state equalized value of the structure at the time of damage; and
(3) The reconstruction is completed within one year of the time of damage.
(E) Signs. Every permanent sign that lawfully existed at the time of the enactment of this chapter, but which does not conform to a height, size, area, location or other requirement of this chapter, is hereby deemed to be legally nonconforming. This status shall not be granted to any temporary sign.
(1) Nonconforming signs may not be altered, enlarged or replaced; however, nonconforming signs may be reduced in size and/or maintained and repaired so as to continue the useful life of the sign.
(2) The copy of the sign may not be amended or changed, unless specifically designed to be changed periodically as in reader board signs, without bringing the use into compliance with the requirements of this chapter.
(3) Any nonconforming sign destroyed by fire or other casualty loss shall not be restored or rebuilt.
(4) Any sign advertising a business that is no longer conducted for a period of one year or more shall be removed by the owner of the building, structure or lot upon which the sign is located within 30 days of receipt of written notice by the Zoning Administrator.
(5) A sign accessory to a nonconforming use may be erected in the village in accordance with the current sign requirements of §§ 152.300 et seq.
(Ord. 37, passed 8-28-2005)
In order to eliminate nonconforming uses and nonconforming structures that constitute a nuisance or are detrimental to the public health, safety and/or welfare, the village may acquire private property by purchase, condemnation or otherwise for the purpose of discontinuing the use and/or removing the structure.
(Ord. 37, passed 8-28-2005)
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